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Community order and shpo

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Rainbow

Member since
January 2019

282 posts

Posted Fri February 19, 2021 11:00amReport post

My partner has a 3 year order but the shpo is for 5 years as well as on the register for 5 years. Can he ask for the shpo to be dismissed earlier? I dont understand why they arent both for the same length of time. Also the internet says about people applying to come off register early if on it indefinitely however could people apply if on it for 5 years?

majestictopaz15

Member since
December 2019

371 posts

Posted Fri February 19, 2021 11:12amReport post

Is the three year order for community service? Because that is typically a shorter time frame. The SHPO and SoR tend to run the same time . My partner has those for ten years. He can try to get these reduced and I think he was told best from five years on- end of probation and suspended sentence (2 years) and some more time for a buffer. Not sure sorry if possible for a 5 year. Perhaps he could try a year or so after probation?

I know my partner at some point would like some of the conditions of the SHPO to be amended rather than push for it to be removed as a minimum. But that won't be for a few years.

Rainbow

Member since
January 2019

282 posts

Posted Fri February 19, 2021 11:40amReport post

Thanks for your reply. Yes sorry it's a 3 year community order. Is that the one with the probation? So after the 3 years then probation stops but still another 2 years for shpo and register or does probation continue for 5 years

mjl73

Member since
August 2019

240 posts

Posted Fri February 19, 2021 1:48pmReport post

The SHPO is a civil order you can apply to the court that issued it at any time for amendments or for it to be completely removed. The recommendation is not to try and get SHPO removed until sentence time has passed at least, but you might be able to get specific items removed if you feel you have a good case.



The time on the SOR is based on the length of sentence and age (differs for juveniles). The only time you can appeal to come off the SOR is if you are on it for life and then only after 15 years.



I believe probation are only involved up to the end of the sentence period. After that, it is just the police offender manager that is responsible for the SOR / SHPO who will continue with their visits. Will find out in 7 months when my husbands suspended sentence is finished.



Unlock.org is a good resource for these types of questions and they also have a helpline.

snowdrop

Member since
September 2019

178 posts

Posted Fri February 19, 2021 7:38pmReport post

Hi Rainbow...

My partner was issued a 10 year SHPO and SOR requirement following his conviction.

He was advised to apply for the SHPO to be discharged after his conviction is classed as spent... (in 18 months).

The SHPO is discloseable for insurance, mortgages and employment purposes. The SOR is NOT.

The SOR is simply an intelligence tool for the police to monitor and locate those convicted of a sex offences and needs to be disclosed to NO ONE.

My partner was advised by his solicitor to apply after his conviction was formally completed which would result in it being looked at favourably by the court.

To apply for discharge you must submit a letter to where the civil order was imposed. No solicitor is required as it is not a criminal matter. Support from his PPU officer is not needed either but probably be welcome if offered. Just remember it's a civil issue and decided by the judge /court which imposed it.

BTW he was given a 12 month suspended sentence after 5 images were found in the deleted hard drive of his laptop... He used a file sharing system... P2P...to watch amateur porn movie's and told me that he never appreciated the dangers of key words and the files which were generated when submitted.using simple words such as ... Tiny... or... Little... These key words generates every file with that word in it...including child abuse...

The internet is a cesspit...

Good luck with letter...

Edited Fri February 19, 2021 8:01pm

Rainbow

Member since
January 2019

282 posts

Posted Sun April 11, 2021 4:24pmReport post

Hi snowdrop. Sorry I thought I had replied. I will definitely look into the letter nearer the time when his 3 year order is nearly finished. I will look at unlock also online. Is there any other sites i can look at about this?

Thanks x

Rainbow

Member since
January 2019

282 posts

Posted Mon April 19, 2021 4:41pmReport post

How would I go about wanting to see if he can have the shpo removed? He has about 10 months of his 3 year community order left and that is when we would like to see if it can be removed at the same time as the sentence finishes. When he saw his po they just mentioned it's not long until its finished but then he will still get the visits for his shpo. She never mentioned about getting it removed. What if they dont agree? He has the order and register for 5 years

mjl73

Member since
August 2019

240 posts

Posted Mon April 19, 2021 7:19pmReport post

You will still get visits until the SOR is up after the 5 years. Is there a specific restriction in the SHPO that means you want it removed earlier?

Rainbow

Member since
January 2019

282 posts

Posted Mon April 19, 2021 8:34pmReport post

Hi

No there is no specific thing on the order. I just wanted to see if it can be removed at the same time as when the sentence has finished so that it's just the register he's on

mjl73

Member since
August 2019

240 posts

Posted Tue April 20, 2021 6:33amReport post

Personally I would wait for a year and then try to go back to court to get the SHPO to end when the original community order becomes spent. It's pretty common for the SHPO to be for the same length of time as the time on the SOR. Unlock.org would probably be the best place for advice

Rainbow

Member since
January 2019

282 posts

Posted Tue April 20, 2021 6:52amReport post

Ok thanks. I've looked on that site but cant really find much x

mjl73

Member since
August 2019

240 posts

Posted Wed April 21, 2021 8:33amReport post

They have a helpline so you can always ring. I think I found more information about getting them discharged on the forum. You could also try a solicitor too.